Executive Order  No. 32: Authorizing State Civil Defense Agency to institute rain-making activities

WHEREAS, the Commonwealth is currently afflicted with a forest fire hazard of severe nature, which has necessitated the promulgation of a state of emergency as of May 8, 1957; and

WHEREAS, I have been advised that the seriousness of this danger warrants the undertaking of artificial rain making activities, particularly in the vicinity of areas of existing fires and of potential fires; and

WHEREAS, normally such weather amendment activities can be carried out, under the provisions of Section 72 of Chapter 6 of the General Laws as now in force, only with the prior approval of the Weather Amendment Board and with advance publication of such activities; and

WHEREAS, the existing emergency does not permit compliance with the provisions of said Section 2 of Chapter 6 of the General Laws:

NOW, THEREFORE, I, Foster Furcolo, Governor of the Commonwealth acting under the authority conferred upon me by Acts of 1950, Chapter 639, as amended, and in particular Sections 7 and 8A thereof, and all other authority hereunto enabling do hereby issue this order as a measure necessary or expedient for meeting the current state of emergency.

1. The State Director of Civil Defense is hereby authorized and directed to institute, or cause to be instituted, in such areas of the Commonwealth as he may deem advisable, rain making activities by the cloud seeding process, so-called, designed to produce or increase rainfall within the Commonwealth, for the purpose of extinguishing forest fires or reducing the danger of such fires.
2. In exercising the authority contained in Section 1 of this Order, the State Director is authorized and directed to utilize such resources and equipment of such agencies of the Commonwealth, including the National Guard, or of the political subdivisions of the Commonwealth, as may be necessary or appropriate and to contract, or request appropriate agencies of the Commonwealth to contract, with private organizations or individuals for the rental of equipment and the furnishing of technical instruction or information as may be required to carry out cloud seeding.
3. The State Director is authorized to dispatch personnel and equipment to conduct cloud seeding activities into adjacent states in the event cloud seeding in other states is indicated in order to produce rainfall within any area of the Commonwealth, provided that such activities do not violate the law of such other state and that appropriate notice is given to law enforcement authorities in such other state that such activities are being carried out.
4. The State Director is authorized and directed to continue cloud seeding during such time as additional rainfall is needed to alleviate forest fire hazards and weather conditions are reasonably suitable for conducting such activities, as determined on the basis of whatever technical information and advice may be available to the State Director, provided, however, that in no case shall such cloud seeding be continued beyond the termination of the state of emergency proclaimed May 8, 1957.
5. The provisions of Section 72 of Chapter 6 of the General Laws as now in force, insofar as inconsistent herewith, are hereby suspended, with respect to weather amendment activities conducted under the authority hereof.

GIVEN at the Executive Chamber in Boston this tenth day of May nineteen fifty seven.

FOSTER FURCOLO

By His Excellency the Governor

Edward J. Cronin

Secretary of the Commonwealth